Issue 15 (2020)

Problematic issues of qualifying criminal omissions

Authors:

Abstract: Criminal code of Georgia (7th article) defines crime. According to this article main element of a crime is an action. Action is also the first and the most important element of actus reus in Georgian criminal law. In this case, action includes not only criminal activity, but also criminal inaction. According to Georgian criminal law, there are two forms of inaction: typical inaction and mixed inaction. Mixed inaction is much more serious crime than typical inaction. While qualifying inaction the most important issue is the obligation on action, whether it was because of profession, previous action or special relations with the victim. The research includes detailed review of Georgian criminal law in the field of qualification of criminal inaction. Georgia belongs to continental law system. There is big difference in this field between continental law system and common law system. In continental criminal law system, every type of inaction is a crime, while in common law system, typical inactions, like leaving person without help in danger, is not a crime. Main aim of criminal law is to avoid harm of such values like life, freedom etc. That’s why it is important to prevent such harms. The research includes analyzing of this differences. The most important issue while qualifi cation of inaction is practice of Georgian Supreme Court. So, the re- search includes detailed review of Georgian Supreme Court decisions in this fi eld. To sum up, the research includes following issues: Theoretical research on qualifi cation of inaction, practical recommendations, review of Georgian Supreme Court practice, specifi cs of common law countries.

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